Tender No. HELI 101 TENDER FOR THE DRILLING …ads-mtkenya.or.ke/wp-content/uploads/2015/06/Tender-document... · 4.1 The tender document comprises the documents listed below and

Drilling and Construction of a water borehole at Nkarusa, Oloirien, Kajiado West Sub County

ANGLICAN DEVELOPMENT SERVICES-MT.KENYA

Tender No. HELI 101

TENDER FOR THE DRILLING OF ONE

BOREHOLE AT NKARUSA, KISERIAN,

KAJIADO WEST SUB - COUNTY

Anglican Development Services-Mount Kenya (ADS - MK)

P.O. Box 2376-10140 Nyeri

Tel +254 61 2034813

Website: www.ads-mtkenya.or.ke

Email: [email protected]

Drilling and Construction of a water borehole at Nkarusa, Oloirien, Kajiado Sub County

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April 2015

S ECTIO N P AGE

Section A: Invitation for Tenders ................................................................................................. 3

Section B: Instructions to Tenderers ............................................................................................ 4

Section C: General Conditions of Contract .............................................................................. 14

Section D: Special Conditions of Contract ................................................................................. 25

Section E: Technical Specifications, Schedule of Requirements and Prices ........................... 33

Section F: Appendix to Conditions of Contract ....................................................................... 34

Section G: Specifications, Drawings and Bills of Quantities .................................................... 36

Section H: Borehole Technical Specifications ........................................................................... 42

Section I: Bill of Quantities (BOQ) ............................................................................................. 50

Section J: Standard Forms .......................................................................................................... 51

Appendix A: Location of proposed area for drilling borehole ................................................ 62

Appendix B: Borehole Design .................................................................................................... 63

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Section A: Invitation for Tenders

DRILLING OF ONE BOREHOLEAT NKARUSA, OLOIRIEN, KAJIADO WEST SUB-

COUNTY

Anglican Development Services-Mt. Kenya (ADS-MK) invites you to submit a sealed tender for

drilling and construction of ONE BOREHOLE at Nkarusa village, Oloirien Location, Kajiado West

Sub- County.

Interested eligible candidates may obtain further information from, and inspect the Tender Document

at the office of:

Regional Development Coordinator,

ADS-MK,

P.O. Box 2376-10140 Nyeri

Tel. +254 61 2034813

Interested candidates can download the tender document from the website www.ads-mtkenya.or.ke

A payment of a non-refundable fee of Kshs 3,000.00 (Three Thousand Kenya shillings) to ADS

Mt Kenya Administration A/c No. 0102822135600 Standard Chartered Bank Nyeri Branch. (Attach

the original deposit slip to the tender document as proof of payment)

Tenders must be accompanied by a security in the form and amount specified in the tender

documents, and must be delivered to:

Zonal Development Coordinator,

Anglican Development Service-Mt Kenya,

Wangige Zone,

Bishop Karuiki Integrated Training Centre, Wangige

P.O. Box 3899 – 0623

Nairobi

Tenders will be opened at 2.00 PM on 10th

June, 2015in the presence of the candidates‟

representatives who choose to attend on the above-mentioned date and time at ADS Mt Kenya

Wangige Zone, Bishop Kariuki Integrated Training Centre, Wangige.

Yours Faithfully,

For: Anglican Development Services-Mt. Kenya (ADS-MK)

Kennedy Gichira (Mr.)

REGIONAL DEVELOPMENT COORDINATOR,

http://www.ads-mtkenya.or.ke/

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Section B: Instructions to Tenderers

Introduction

1. Eligible Tenderers

1.1 This Invitation for Tenders is open to all tenderers eligible as described in the tender

documents. Successful tenderers shall complete the supply of services by the

intended completion date specified in the tender documents.

1.2 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent

practices.

2. Eligible Goods

Not applicable

3. Cost of Tendering

3.1 The Tenderer shall bear all costs associated with the preparation and submission of

the tender, and ADS-MK, will in no case be responsible or liable for those costs,

regardless of the conduct or outcome of the tendering process.

The Tender Document 4

Contents

4.1 The tender document comprises the documents listed below and addenda issued in

accordance with Clause 6 of the Instructions to Tenders .

a) Invitation for Tenders

b) Instructions to Tenders

c) General conditions of Contract

d) Special Conditions of Contract

e) Bill of Quantities, Schedule of Requirements and Price Schedule Specifications and

Drawings

f) Tender Form

g) Tender Security Form

h) Agreement

i) Performance Security Form

j) Bank Guarantee for Advance Payment Form

k) Acceptance Letter

4.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications

in the tender documents. Failure to furnish all information required by the tender

documents or to submit a tender not substantially responsive to the tender documents

in every respect will be at the tenderer‟s risk and may result in the rejection of its

tender.

5. Clarification of Documents

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5.1 A prospective tenderer requiring any clarification of the tender document may notify

ADS-MK in writing at the address indicated in the Invitation for Tenders. ADS-MK

will respond in writing to any request for clarification of the tender documents,

which it receives prior to the deadline for the submission of tenders. Written copies

of ADS-MK's response (including an explanation of the query but without

identifying the source of inquiry) will be sent to all prospective tenderers that have

received the tender document.

6. Amendment of Documents

6.1 At any time prior to the deadline for submission of tenders, ADS-MK, for any

reason, whether at its own initiative or in response to a clarification requested by a

prospective tenderer, may modify the tender documents by amendment.

6.2 All prospective tenderers that have received the tender documents will be notified of

the amendment in writing or facsimile, and will be binding on them.

6.3 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders, ADS-MK, at its discretion, may

extend the deadline for the submission of tenders.

Preparation of Tenders

7. Language of Tender

7.1 The tender prepared by the tenderer, as well as all correspondence and

documents relating to the tender exchanged by the tenderer and ADS-MK,

shall be written in English. Supporting documents and printed literature

furnished by the tenderer may be written in another language provided they are

accompanied by an accurate English translation of the relevant passages in which

case, for purposes of interpretation of the tender, the English translation shall

govern.

8. Documents Comprising the Tender

8.1 The tender prepared by the tenderer shall comprise the following components:

(a) a Tender Form and a Price Schedule completed in accordance with Clauses

9,10 and 11 below.

(b) documentary evidence established in accordance with Clause 12 that the

tenderer is eligible to tender and is qualified to perform the contract if its

tender is accepted;

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Drilling and Construction of a water borehole at Nkarusa, Oloirien ,Kajiado West Sub County.

(c) documentary evidence established in accordance with Clause 13 that the

services to be supplied by the tenderer are eligible and conform to the tender

documents; and

(d) tender security furnished in accordance with Clause 14

9. Tender Form

9.1 The tenderer shall complete the Tender Form and the appropriate Bill of Quantities

and Price Schedule furnished in the tender documents, indicating the services to be

supplied, a brief description of the services, quantity and prices.

10. Tender Prices

10.1 The tenderer shall indicate on the appropriate Bill of Quantities and Price Schedule

the unit prices and total tender price of the services it proposes to supply under the

contract.

10.2 Prices indicated on the Price Schedule shall be quoted inclusive of all other cost to

be incurred by the successful tendered in offering the drilling services.

10.3 Prices quoted by the tenderer shall be fixed during the tenderer‟s performance of

the contract and not subject to variation on any account. A tender submitted with

an adjustable price quotation will be treated as non-responsive and will be

rejected, pursuant to Clause 22.

11. Tender Currencies

11.1 Prices shall be quoted in Kenya Shillings.

12. Tenderer’s Eligibility and Qualifications

12.1 The tenderer shall furnish, as part of its tender, documents establishing the

tenderer's eligibility to tender and its qualifications to perform the contract if its

tender is accepted.

12.2 The documentary evidence of the tenderer‟s eligibility to tender shall establish to

ADS-MK‟s satisfaction that the tenderer, at the time of submission of its tender, is

from an eligible source country.

12.3 The documentary evidence of the tenderer‟s qualifications to perform the contract if

its tender is accepted shall establish to ADS-MK‟s satisfaction that the tenderer has

the financial, technical, and production capability necessary to perform the contract.

13. Goods’ Eligibility and Conformity to Tender Document

13.1 Pursuant to Clause 2 of this section, the tenderer shall furnish, as part of its tender,

documents establishing the conformity to the tender documents of all service

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Drilling and Construction of water a borehole at Nkarusa, Oloirien, Kajiado West Sub County

which the tenderer proposes to supply under the contract.

13.2 The documentary evidence of the eligibility of the services shall consist of a

statement in the Price Schedule of the country of origin of the services offered.

13.3 The documentary evidence of conformity of the services to the tend er documents

may be in the form of literature, drawings, and data, and shall consist of:

(a) a detailed description of the essential technical and performance characteristics

of the services; and

(b) a Clause-by-Clause commentary on ADS-MK‟s Technical Specifications

demonstrating substantial responsiveness of the services to those specifications,

or a statement of deviations and exceptions to the provisions of the Technical

Specifications and bill of quantities (BQ).

13.4 For purposes of the commentary to be furnished pursuant to Clause 13.3(b) above,

the tenderer shall note that standards for workmanship, material, and equipment, as

well as references to brand names or catalogue numbers designated by ADS-MK in

its Technical Specifications, are intended to be descriptive only and not restrictive.

The tenderer may substitute alternative standards, brand names, and/or catalogue

numbers in its tender, provided that it demonstrates to ADS-MK‟s satisfaction that

the substitutions ensure substantial equivalence to those designated in the Technical

Specifications.

14. Tender Security

14.1 The tenderer shall furnish, as part of its tender, a tender security in the amount of

2% of the total tender price.

14.2 The tender security is required to protect ADS-MK against the risk of tenderer‟s

conduct, which would warrant the security‟s forfeiture, pursuant to Clause 14.7.

14.3 The tender security shall be denominated in Kenya Shillings, and shall be in the

form of a bank guarantee or a bank draft issued by a reputable bank located in

Kenya, in the form provided in the tender documents or another form acceptable to

ADS-MK and valid for thirty (30) days beyond the validity of the tender.

14.4 Any tender not secured in accordance with Clause 14.1 and 14.3 will be rejected by

ADS-MK as non-responsive, pursuant to Clause 22.

14.5 Unsuccessful tenderers‟ tender security will be discharged or returned as promptly as

possible as but not later than thirty (30) days after the expiration of the period of

tender validity prescribed by ADS-MK.

14.6 The successful tenderer‟s tender security will be discharged upon the tenderer

signing the contract, pursuant to Clause 30, and furnishing the performance

security, pursuant to Clause 31.

Drilling and Construction of a water borehole at Nkarusa, Oloirien ,Kajiado West Sub County.

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.

14.7 The tender security may be forfeited:

(a) if a tenderer withdraws its tender during the period of tender validity specified

by ADS-MK on the Tender Form; or

(b) in the case of a successful tenderer, if the tenderer fails:

(i) to sign the contract in accordance with Clause 30

Or

(ii) to furnish performance security in accordance with Clause 31.

15. Validity of Tenders

15.1 Tenders shall remain valid for 90 days or as specified in the tender documents after

date of tender opening prescribed by ADS-MK, pursuant to Clause 18. A tender

valid for a shorter period shall be considered as non-responsive and shall be rejected

by ADS-MK.

15.2 In exceptional circumstances, ADS-MK may solicit the tenderer‟s consent to an

extension of the period of validity. The request and the responses thereto shall be

made in writing. The tender security provided under Clause 14 shall also be suitably

extended. A tenderer may refuse the request without forfeiting its tender security. A

tenderer granting the request will not be required nor permitted to modify its tender.

16. Format and Signing of Tender

16.1 The tenderer shall prepare an original and three copies of the tender, clearly

marking each “ORIGINAL TENDER” and “COPY OF TENDER,” as appropriate.

In the event of any discrepancy between them, the original shall govern.

16.2 The original and copies of the tender shall be typed or written in indelible ink and

shall be signed by the tenderer or a person or persons duly authorized to bind the

tenderer to the contract. The latter authorization shall be indicated by written

power-of-attorney accompanying the tender. All pages of the tender, except for un-

amended printed literature, shall be initialed by the person or persons signing the

tender.

16.3 The tender shall have no interlineations, erasures, or overwriting except as necessary

to correct errors made by the tenderer, in which case such corrections shall be

initialed by the person or persons signing the tender.

Submission of Tenders

17. Sealing and Marking of Tenders

17.1 The tenderer shall seal the original and each copy of the tender in separate

envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.”

The envelopes shall then be sealed in an outer envelope. The inner and outer

envelopes shall be addressed to;


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(a) Anglican Development Services-Mt. Kenya at the following address:

Zonal Development Coordinator,

Anglican Development Service,

Wangige Zone,

Bishop Karuiki Integrated Training Centre, Wangige

P.O. Box 3899 – 0623

Nairobi

(b) Bear, "DRILLING OF WATER BOREHOLE AT NKARUSA,

OLOIRIEN, KAJIADO WEST SUB- COUNTY”, and the statement: “DO

NOT OPEN BEFORE 10th

June, 2015AT 2.00 P.M”.

17.2 The inner envelopes shall also indicate the name and address of the tenderer to

enable the tender to be returned unopened in case it is declared “late”.

17.4 If the outer envelope is not sealed and marked as required by Clause 17.1, ADS-MK

will assume no responsibility for the tender‟s misplacement or premature opening.

18. Deadline for Submission of Tenders

18.1 Tenders must be received by ADS-MK at the address specified under Clause 17.1 not

later than 12.00 Noon on 10th

June, 2015.

18.2 ADS-MK may, at its discretion, extend this deadline for the submission of tenders by

amending the tender documents in accordance with Clause 6, in which case all

rights and obligations of ADS-MK and tenderers previously subject to the deadline

will thereafter be subject to the deadline as extended.

19. Modification and Withdrawal of Tenders

19.1 The tenderer may modify or withdraw its tender after the tender‟s submission,

provided that written notice of the modification, including substitution or

withdrawal of the tenders, is received by ADS-MK prior to the deadline prescribed

for submission of tenders.

19.2 The tenderer‟s modification or withdrawal notice shall be prepared, sealed, marked,

and dispatched in accordance with the provisions of Clause 17. A withdrawal notice

may also be sent by facsimile, but followed by a signed confirmation copy,

postmarked no later than the deadline for submission of tenders.

19.3 No tender may be modified after the deadline for submission of tenders.

19.4 No tender may be withdrawn in the interval between the deadline for submission of

tenders and the expiration of the period of tender validity specified by the tenderer


10 on the Tender Form. Withdrawal of a tender during this interval may result in the tenderer‟s forfeiture

of its tender security, pursuant to Clause 14.7.

Opening and Evaluation of Tenders

20. Opening of Tenders

20.1 ADS-MK will open all tenders in the presence of tenderers‟ representatives who

choose to attend on 10th

June, 2015at 2.00 P.M at ADS Mt Kenya Wangige Zone,

Bishop Karuiki Integrated Training Centre, Wangige. Tenderers‟ representatives

present shall sign a register evidencing their attendance.

20.2 The tenderers‟ names, tender modifications or withdrawals, tender p rices, discounts,

and the presence or absence of requisite tender security and such other details as

ADS-MK, at its discretion, may consider appropriate, will be announced at the

opening.

20.3 ADS-MK will prepare minutes of the tender opening.

21. Clarification of Tenders

21.1 To assist in the examination, evaluation and comparison of tenders ADS-MK may, at

its discretion, ask the tenderer for a clarification of its tender. The request for

clarification and the response shall be in writing, and no change in the prices or

substance of the tender shall be sought, offered, or permitted.

Any effort by the tenderer to influence ADS-MK in its decisions on tender

evaluation, tender comparison or contract award may result in the rejection of the

tenderers‟ tender.

22. Preliminary Examination

22.1 ADS-MK will examine the tenders to determine whether they are complete, whether

any computational errors have been made, whether required sureties have been

furnished, whether the documents have been properly signed, and whether the

tenders are generally in order.

22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy

between the unit price and the total price that is obtained by multiplying the unit

price and quantity, the unit price shall prevail, and the total price shall be corrected.

If the tenderer does not accept the correction of the errors, its tender will be rejected,

and its tender security may be forfeited. If there is a discrepancy between words and

figures, the amount in words will prevail.

22.3 ADS-MK may waive any minor informality or non-conformity or irregularity in a

tender which does not constitute a material deviation, provided such waiver does

not prejudice or affect the relative ranking of any tenderer.

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Drilling and Construction of water a borehole at Nkarusa, Oloirien, Kajiado West Sub

County

22.4 Prior to the detailed evaluation, pursuant to paragraph 23, ADS-MK will determine

the substantial responsiveness of each tender to the tender documents. For purposes

of these paragraphs, a substantially responsive tender is one which conforms to all

the terms and conditions of the tender documents without material deviations. ADS-

MK‟s determination of a tender‟s responsiveness is to be based on the contents of

the tender itself without recourse to extrinsic evidence.

22.5 If a tender is not substantially responsive, it will be rejected by ADS-MK and may

not subsequently be made responsive by the tenderer by correction of the

nonconformity.

23. Evaluation and Comparison of Tenders

23.1 ADS-MK will evaluate and compare the tenders, which have been determined to be

substantially responsive, pursuant to paragraph 22.

23.2 ADS-MK‟s evaluation of a tender will exclude and not take into account any

allowance for price adjustment during the per iod of execution of the contract, if

provided in the tender.

23.3 ADS-MK‟s evaluation of the tender will take into account, in addition to the tender

price the actual slotting period offered in the tender. The liners shall be completely

slotted within 4 months after the date making the end of mobilization.

23.4 Deviation in payment schedule

Tenderers shall state their tender price for the payment schedule outlined in the

special conditions of contract. Tenders will be evaluated on the basis of this price.

Tenderers are, however, permitted to state an alternative payment schedule and

indicate the reduction in tender price they wish to offer for such alternative payment

schedule. ADS-MK may consider the alternative payment schedule offered by the

selected tenderer.

24. Contacting ADS-MK

24.1 Subject to Clause 21, no tenderer shall contact ADS-MK on any matter relating to its

tender, from the time of the tender opening to the time the contract is awarded.

24.2 Any effort by a tenderer to influence ADS-MK in its decisions on tender

evaluation, tender comparison, or contract award may result in the rejection of the

tenderer‟s tender.

Award of Contract

25. Post-qualification

25.1 In the absence of pre-qualification, ADS-MK will determine to its satisfaction

whether the tenderer that is selected as having submitted the lowest evaluated

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Drilling and Construction of water a borehole at Nkarusa, Oloirien, Kajiado West District

responsive tender is qualified to perform the contract satisfactorily.

25.2 The determination will take into account the tenderer financial, technical, and

production capabilities. It will be based upon an examination of the documentary

evidence of the tenderers qualifications submitted by the tenderer, pursuant to

Clause 12.3, as well as such other information as ADS-MK deems necessary and

appropriate.

25.2 An affirmative determination will be a prerequisite for award of the contract to the

tenderer. A negative determination will result in rejection of the tenderer‟s tender, in

which event ADS-MK will proceed to the next lowest evaluated tender to make a

similar determination of that tenderer‟s capabilities to perform satisfactorily.

26. Award Criteria

26.1 Subject to Clauses 10, 23 and 28 ADS-MK will award the contract to the successful

tenderer(s) whose tender has been determined to be substantially responsive and has

been determined to be the lowest evaluated tender, provided further that the

tenderer is determined to be qualified to perform the contract satisfactorily.

27. ADS-MK’s Right to Vary Quantities

27.1 ADS-MK reserves the right at the time of contract award to increase or decrease the

quantities originally specified in the Schedule of Requirements without any change in

unit price or other terms and conditions.

28. ADS-MK’s Right to Accept or Reject Any or All Tenders

28.1 ADS-MK reserves the right to accept or reject any tender, and to annul the tendering

process or reject all tenders at any time prior to contract award, without thereby

incurring any liability to the affected tenderer or tenderers or any obligation to

inform the affected tenderer or tenderers of the grounds for it s action.

29. Notification of Award

29.1 Prior to the expiration of the period of tender validity, ADS-MK will notify the

successful tenderer in writing that its tender has been accepted.

29.2 The successful tenderer shall be given a letter of award to sign and return the

acceptance to ADS-MK without reservations.

29.3 Upon the successful tenderer‟s furnishing of the performance security pursuant to

Clause 31, ADS-MK will promptly notify each unsuccessful tenderer and will

discharge its tender security, pursuant to Clause 14.

30. Signing of Contract

30.1 At the same time as ADS-MK notifies the successful tenderer that its tender has been

accepted, ADS-MK will send the tenderer the Contract Form provided in the tender

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documents, incorporating all agreements between the parties.

30.2 Within fifteen (15) days of receipt of the Contract Form, the successful tenderer

shall sign and date the contract and return it to ADS-MK.

31. Performance Security

31.1 Within fifteen (15) days of the receipt of notification of award from ADS-MK, the

successful tenderer shall furnish the performance security in accordance with the

Conditions of Contract, in the Performance Security Form provided in the tender

documents, or in another form acceptable to ADS-MK.

31.2 Failure of the successful tenderer to comply with the requirement of Clause 30 or

Clause 31 shall constitute sufficient grounds for the annulment of the award and

forfeiture of the tender security, in which event ADS-MK may make the award to the

next lowest evaluated tenderer or call for new tenders.

32. Corrupt or Fraudulent Practices

32.1 ADS-MK requires that tenderers observe the highest standard of ethics during the

procurement process and execution of contracts. In pursuance of this policy, ADS-

MK: -

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) “corrupt practice” means the offering, giving, receiving or soliciting of

anything of value to influence the action of a public official in the

procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the

detriment of ADS-MK, and includes collusive practice among tenderers

(prior to or after tender submission) designed to establish tender prices

at artificial non-competitive levels and to deprive ADS-MK of the

benefits of free and open competition;

(b) will reject a proposal for award if it determines that the tenderer recommended

for award has engaged in corrupt or fraudulent pract ices in competing for the

contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to

be awarded any contract if it at any time determines that the firm has engaged

in corrupt or fraudulent practices in competing for, or in executing, a contract.

32.2 Furthermore, tenderers shall be aware of the provision stated in the General

Conditions of Contract.

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Section C: General Conditions of Contract

1. Definitions

1.1 In this Contract, except where context otherwise requires, the following terms shall be

interpreted as indicated;

“The Contract” means the agreement entered into between ADS-MK and the

tenderer, as recorded in the Contract Form signed by the parties, including all

attachments and appendices thereto and all documents incorporated by reference

therein, as recorded in the Agreement Form and signed by the parties.

“The Contract Price” means the price payable to the tenderer under the Contract for

the full and proper performance of its contractual obligations.

“The Supplier” means the individual or firm supplying the services under this

Contract.

“The Services” means drilling, construction and testing of the borehole as specified

by ADS-MK under this Contract.

“Bills of Quantities” means the priced and completed Bill of Quantities forming part

of the tender.

“Schedule of Rates” means the priced Schedule of Rates forming part of the tender

[where applicable].

“The Completion Date” means the date of completion of the Works as certified by

the Employer‟s Representative.

“The Contractor” refers to the person or corporate body whose tender to carry out

the Works has been accepted by the Employer”

“The Contractor’s Tender” is the completed tendering document submitted by the

Contractor to the Employer.

“The Contract Price” is the price stated in the letter of Acceptance.

“Days” are calendar days; “Months” are calendar months.

“A Defect” is any part of the Works not completed in accordance with the Contract.

“The Defects Liability Certificate” is the certificate issued by ADS-MK‟s

Representative upon correction of defects by the Contractor.

“The Defects Liability Period” is the period named in the Appendix to conditions of

Contract and calculated from the Completion Date.

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“Drawings” include calculations and other information provided or approved by the

Employer‟s Representative for the execution of the Contract.

“Employer” includes Central or Local Government administration, Universities,

Public Institutions and Corporations and is the party who employs the Contractor to

carry out the Works.

“Equipment” is the Contractor‟s machinery and vehicles brought temporarily to the

Site for the execution of the Works.

“Site” means the place or places where the permanent Works are to be carried out

including workshops where the same is being prepared .

“Materials” are all supplies, including consumables, used by the Contractor for

incorporation in the Works.

”Employer’s Representative” is the person appointed by ADS-MK and notified to

the Contractor for the purpose of supervision of the Works.

Specification” means the Specification of the Works included in the Contract.

“Start Date” is the date when the Contractor shall commence execution of the

works.

“A Subcontractor” is a person or corporate body who has a Contract with the

Contractor to carry out a part of the Work in the Contract, which includes Work on the

Site.

“Temporary Works” are works designed, constructed, installed and removed by the

Contractor which are needed for construction or installation of the Works.

“A Variation” is an instruction given by the Employer‟s Representative which

varies the Works.

“The Works” are what the Contract requires the Contractor to construct, install and

turnover to the Employer.

2. ADS-MK’s Representative’s Decision

2.1 Except where otherwise specifically stated, ADS-MK‟s Representative will

decide contractual matters between ADS-MK and the Contractor.

3. Application

3.1 These General Conditions shall apply in all Contracts made by ADS-MK for the

procurement of services.

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4. Country of Origin

4.1 For purposes of this Clause, “origin” means the place where the Services originate.

5. Standards

5.1 The Services supplied under this Contract shall conform to the standards mentioned

in the Technical Specifications.

6. Use of Contract Documents and Information

6.1 The Contractor shall not, without ADS-MK‟s prior written consent, disclose the

Contract, or any provision thereof, or any specification, plan, drawing, pattern,

sample, or information furnished by or on behalf of ADS-MK in connection

therewith, to any person other than a person employed by the tenderer in the

performance of the Contract.

6.2 The Contractor shall not, without ADS-MK‟s prior written consent, make use of

any document or information enumerated in Clause 6.1 above.

6.3 Any document, other than the Contract itself, enumerated in Clause 6.1 shall

remain the property of ADS-MK and shall be returned (all copies) to ADS-MK on

completion of the Supplier‟s performance obligations under the Contract if so

required by ADS-MK.

6. Patent Rights

6.1 The Contractor shall indemnify ADS-MK against all third-party claims of

infringement of patent, trademark, or industrial design rights arising from the

supply of Services in Kenya.


7.1 Within fifteen (15) days of receipt of the notification of Contract award, the

successful tenderer shall furnish to ADS-MK the performance security in the

amount specified in Special Conditions of Contract.

7.2 The proceeds of the performance security shall be payable to ADS-MK as

compensation for any loss resulting from the Supplier‟s failure to complete its

obligations under the Contract.

7.3 The performance security shall be denominated in the Kenya shilli ngs, and shall

be in the form of a bank guarantee or an irrevocable letter of credit issued by a

reputable bank located in Kenya, acceptable to ADS-MK, in the form provided in

the tender documents.

7.4 The performance security will be discharged by ADS-MK and returned to the

tenderer not later than thirty (30) days following the date of completion of the

tenderer‟s performance obligations under the Contract, including any warranty

17


obligations, under the Contract.

8. Inspection and Tests

8.1 ADS-MK or its representative shall have the right to inspect and/or to test the

drilling materials to confirm their conformity to the Contract specifications.

ADS-MK shall notify the tenderer in writing, in a timely manner, of the

identity of any representatives retained for these purposes.

8.2 The inspections and tests will be conducted on the drilling site

8.3 Should any inspected or tested drilling materials fail to conform to the

Specifications, ADS-MK shall reject the materials, and the Contractor sha ll

either replace the rejected materials or make alterations necessary to meet

specification requirements free of cost to ADS-MK.

8.4 Nothing in Clause 8 shall in any way release the Contractor from any warranty

or other obligations under this Contract.

9. Delivery and Documents

9.1 Delivery of the slotted liners shall be made by the Contractor in accordance with

the terms specified by ADS-MK in its Schedule of Requirements and the

Special Conditions of Contract.

10. Safety, Temporary works and Discoveries

10.1 The Contractor shall be responsible for design of temporary works and shall

obtain approval of third parties to the design of the temporary works where

required.

10.2 The Contractor shall be responsible for the safety of all activities on the Site.

10.3 Anything of historical or other interest or significant value unexpectedly

discovered on the Site shall be the property of the Representative of such

discoveries and carry out ADS-MK Representative‟s instructions for dealing

with them.

11. Work Program and Sub-contracting

11.1 Within seven days after Site possession date, the Contractor shall submit to

the ADS-MK for approval a program showing the general methods,

arrangements, order and timing for all the activities in the Works.

11.2 The Contractor may sub-contract the Works (but only to a maximum of 25

percent of the Contract Price) with the approval of ADS-MK. However, he

shall not assign the Contract without the approval of the Employer in

writing. Sub- contracting shall not alter the Contractor‟s obligations.

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12. The Site

12.1 The Employer shall give possession of all parts of the Site to the Contractor.

12.2 The Contractor shall allow ADS-MK and any other person authorized by

ADS- MK Representative, access to the Site and to any place where work in

connection with the Contract is being carried out or is intended to be carried

out.

13. Instructions

13.1 The Contractor shall carry out all instructions of ADS-MK, which are in

accordance with the Contract.

14. Extension of Completion Date

14.1 ADS-MK shall extend the Completion Date if an occurrence arises which

makes it impossible for completion to be achieved by the Intended

Completion Date. ADS-MK shall decide whether and by how much to extend

the Completion Date.

14.2 For the purpose of this clause, the following shall be

(a) force majeure, or

(b) reason of any exceptionally adverse weather conditions or

(c) reason of civil commotion, strike or lockout affecting any of the trades

employed upon the works or any of the trades engaged in the preparation,

manufacture or transportation of any goods or materials required for the

works, or

(d) reason for ADS-MK‟s instructions issued under these Conditions, or

(e) reason of the contractor not having received in due time necessary

instructions, drawings, details or levels form ADS-MK‟s Representative

for which he specifically applied in writing on a date which having regard

to the date of completion stated in the appendix to these Conditions or any

extension of time then fixed under this clause was neither unreasonably

distant from nor unreasonably close to the date on which it was necessary

for him to receive the same, or

(f) delay on the part of artists, tradesmen or others engaged by ADS -MK in

executing work not forming part of this Contract, or

(g) reason of delay by statutory or other services providers or similar bodies

engaged directly by ADS-MK, or

(h) reason of opening up for inspection of any Work covered up or of the

testing of any of the Work , materials or goods in accordance with these

19


conditions unless the inspection or test showed that the Work, materials or

goods were not in accordance with this Contract, or

(i) reason of delay in appointing a replacement ADS-MK Representative, or

(j) reason of delay caused by the later supply of goods or materials or in

executing Works for which ADS-MK or his agents are contractually

obliged to supply or to execute as the case may be, or

(k) Delay in receiving possession of or access to the Site.

15. Management Meeting

15.1 A Contract management meeting shall be held regularly and attended by ADS-

MK‟s Representative and the Contractor. Its business shall be to review the plans

for the remaining Work. ADS-MK‟s Representative shall record the business of

management meetings and provide copies of the record to those attending the

meeting. The responsibility of the parties for actions to be taken shall be decided

by ADS-MK‟s Representative either at the management meeting or after the

management meeting and stated in writing to all who attend the meeting.

15.2 Communication between parties shall be effective only when in writing.

16. Defects

16.1 ADS-MK‟s Representative shall inspect the Contractor‟s work and notify

the Contractor of any defects that are found. Such inspection shall not affect the

Contractor‟s responsibilities. ADS-MK‟s Representative may instruct the

Contractor to search for a defect and to uncover and test any Work that ADS-

MK‟s Representative considers may have a defect. Should the defect be found, the

cost of uncovering and making good shall be borne by the Contractor. However, if

there is no defect found, the cost of uncovering and making good shall be treated

as a variation and added to the Contract Price.

16.2 ADS-MK‟s Representative shall give notice to the Contractor of any defects

before the end of the Defects Liability Period, which begins at Completion, and is

defined in the Appendix to Conditions of Contract.

16.3 Every time notice of a defect is given, the Contractor shall correct the notified

defect within the length of time specified by ADS-MK‟s Representative‟s notice.

If the Contractor has not corrected a defect within the time specified in ADS-MK

Representative‟s notice, the ADS-MK‟s Representative will assess the cost of

having the defect corrected by other parties and such cost shall be treated as a

variation and be deducted from the Contract Price.

17. Bills of Quantities/Schedule of Rates

17.1 The Bills of Quantities/Schedule of Rates shall contain items for the construction,

installation, testing and commissioning of the Work to be done by the Contractor.

The contractor will be paid for the quantity of the Work done at the rates in the

Bills of Quantities/Schedule of Rates for each item.

20


Items against which no rate is entered by the Tenderer will not be paid for

when executed and shall be deemed covered by the rates for other items in

the bills of Quantities/Schedule of Rates.

17.2 Where Bills of Quantities do not form part of the Contract, the Contract price

shall be a lump sum (which shall be deemed to have been based on the rates in

the Schedule of Rates forming part of the tender) and shall be subject to re-

measurement after each stage.

18. Variation

18.1 The Contractor shall provide the ADS-MK‟s Representative with a quotation

for carrying out the variations when requested to do so. The ADS-MK‟s

Representative shall assess the quotation and shall obtain the necessary

authority from ADS-MK before the variation.

18.2 If the Work in the variation corresponds with an item description in the Bill of

Quantities/Schedule of Rates, the rates in the Bill of Quantities/Schedule of

Rates shall be used to calculate the value of the variation. If the nature of the

Work in the variation does not correspond with items in the Bill of

Quantities/Schedule of Rates, the quotat ion by the Contractor shall be in the

form of new rates for the relevant items of Work.

18.3 If the Contractor‟s quotation is unreasonable, the ADS -MK‟s Representative

may order the variation and make a change to the Contract Price, which shall

be based on the ADS-MK Representative‟s own forecast of the effects of the

variation on the Contractor‟s costs.

19. Payment Certificate and Final Account

19.1 The Contractor shall be paid after each stage of Work (subject to re -measurement by

ADS-MK of the work done in each stage before payment is made). In case of lump-

sum Contracts, the valuation for each stage shall be based on the quantities so

obtained in the re-measurement and the rates in the Schedule of Rates.

19.2 Upon deciding that Works included in a particular stage are complete, the Contractor

shall submit to the ADS-MK‟s Representative his application for payment. The

ADS-MK‟s Representative shall check, adjust if necessary and certify the amount to

be paid to the Contractor within 21 days of receipt of the Contractor‟s application.

ADS-MK shall pay the Contractor the amounts so certified within 30 days of the date

of issue of each Interim Certificate.

19.3 The Contractor shall supply ADS-MK‟s Representative with a detailed final account

of the total amount that the Contractor considers payable under the Contract before

the end of the Defects Liability Period. The ADS-MK‟s Representative shall issue a

Defect Liability Certificate and certify and final payment that is due to the Contractor

within 30 days of receiving the Contractor‟s account if it is correct and complete. If

not, ADS-MK‟s Representative shall issue within 21 days a schedule that states the

scope of the corrections or additions that are necessary. If the final account is still

unsatisfactory after it has been resubmitted, ADS-MK‟s Representative shall decide

on the amount payable to the Contractor and issue a Final Payment Certificate. ADS -

MK shall pay the Contractor the amount so certified within 60 days of the issue of

the Final Payment Certificate.

21


19.4 If the period laid down for payment to the Contractor upon each of the ADS-MK‟s

Representative‟s Certificate by ADS-MK has been exceeded, the Contractor shall be

entitled to claim simple interest calculated pro-rata on the basis of the number of days

delayed at the Central Bank of Kenya‟s average base lending rate prevailing on the first

day the payment becomes overdue. The Contractor will be required to notify the Employer

within 15 days of receipt of delayed payments of his intentions to claim interest.

20. Insurance

20.1 The Contractor shall be responsible for and shall take out appropriate cover against,

among other risks, personal injury; loss of or damage to the Works, materials and

plant; and loss of or damage to property.

21. Liquidated Damages

21.1 The Contractor shall pay liquidated damages to ADS-MK at the rate 0.001 per cent of

the Contract price per day for each day that the actual Completion Date is later

than the Intended Completion Date except in the case of any of the occurrences

listed under clause 14.2. ADS-MK may deduct liquidated damages from payments

due to the Contractor. Payment of liquidated damages shall not affect the Contractor‟s

liabilities.

22. Completion and Taking Over

22.1 Upon deciding that the Work is complete the Contractor shall request the ADS-MK‟s

Representative to issue a Certificate of Completion of the Works, upon deciding that the Work

is completed.

22.2 ADS-MK shall take over the Site and Works within seven days of the ADS-MK‟s

Representative issuing a Certificate of Completion.

23. Termination

23.1 ADS-MK may terminate the Contract if the other party causes a fundamental breach of

the Contract. These fundamental breaches of Contract shall include, but shall not be

limited to, the following;

a. the Contractor stops Work for 30 days continuously without reasonable

cause or authority from the ADS-MK‟s Representative;

b. the Contractor is declared bankrupt or goes into liquidation other than for

reconstruction or amalgamation;

c. a payment certificate by the ADS-MK‟s Representative is not paid by

ADS-MK to the Contractor within 30 days after the expiry of the payment

periods stated in sub clauses 19.2 and 19.3 hereinabove.

d. ADS-MK‟s Representative gives notice that failure to correct a particular

defect is a fundamental breach of Contract and the Contractor fails to

correct it within a reasonable period of time. if the Contractor, in

the judgment of ADS-MK has engaged in corrupt or fraudulent practices

in competing for or in executing the Contract.

22


23.2 In the event ADS-MK terminates the Contract in whole or in part, it may

procure, upon such terms and in such manner as it deems appropriate, Services

similar to those undelivered, and the Supplier shall be liable to ADS -MK for any

excess costs for such Services.

23.3 If the Contract is terminated, the Contractor shall stop Work immediately, and

leave the Site as soon as reasonably possible. The ADS-MK‟s Representative

shall immediately thereafter arrange for a meeting for the purpose of taking record

of the Works executed and materials, goods, equipment and temporary buildings

on Site.

24. Payment upon Termination

24.1 ADS-MK may employ and pay other persons to carry out and complete the

Works and to rectify any defects and may enter upon the Works and use all

materials on Site, plant, equipment and temporary works.

24.2 The Contractor shall, during the execution or after the Completion of the Works

under this clause, remove from the Site as and when required within such

reasonable time as the ADS-MK‟s Representative may in writing specify, any

temporary buildings, plant, machinery, appliances, goods or materials belonging to

him, and in default thereof, ADS-MK may (without being responsible for any

loss or damage) remove and sell any such property of the Contractor, holding the

proceeds less all costs incurred to the credit of the Contractor.

24.3 Until after completion of the Works under this clause, ADS -MK shall not be

bound by any other provision of this Contract to make any payment to the

Contractor, but upon such completion as aforesa id and the verification within a

reasonable time of the accounts therefore the ADS-MK‟s Representative shall

certify the amount of expenses properly incurred by ADS-MK and if such

amount added to the money paid to the Contractor before such determination

exceeds the total amount which would have been payable on due completion in

accordance with this Contract, the difference shall be a debt payable to ADS-MK

by the Contractor; and if the said amount added to the said money be less than

the said total amount, the difference shall be a debt payable by ADS -MK to the

Contractor.

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25. Payment

25.1 The method and conditions of payment to be made to the Contractor under this

Contract shall be specified in Special Conditions of Contract.

25.2 Payments shall be made promptly by ADS-MK as specified in the Contract.

26. Prices

26.1 Prices charged by the Contractor for drilling borehole under the Contract shall not,

with the exception of any price adjustments authorized in Special Conditions of

Contract, vary from the prices by the Contractor in its tender.

27. Assignment

27.1 The Contractor shall not assign, in whole or in part, its obligations to perform

under this Contract, except with ADS-MK‟s prior written consent.

28. Subcontracts

28.1 The Contractor shall notify ADS-MK in writing of all subcontracts awarded under

this Contract if not already specified in the tender. Such notification, in the original

tender or later, shall not relieve the Supplier from any liability or obligation under

the Contract.

29. Resolution of Disputes

29.1 ADS-MK and the Supplier shall make every effort to resolve amicably by direct

informal negotiation any disagreement or dispute arising between them under or in

connection with the Contract.

29.2 If, after thirty (30) days from the commencement of such informal negotiations

both parties have been unable to resolve amicably a Contract dispute, either party

may require that the dispute be referred for resolution to formal mechanisms.

These mechanisms include, but are not rest ricted to, conciliation by a third party,

adjudication in an agreed national or international forum, and/or international

arbitration.

30. Works, Language and Law of Contract

30.1 The Contractor shall Construct and install the Works in accordance with the

Contract documents. The works may commence on the Start Date and shall be

carried out in accordance with the Program submitted by the Contractor, as updated

with the approval of the ADS-MK‟s Representative, and complete them by the

intended Completion Date.

30.2 The language of the Contract and the law governing the Contract shall be English

language and the Laws of Kenya respectively unless otherwise stated.

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31. Force Majeure

31.1 The tenderer shall not be liable for forfeiture of its performance security, o r

termination for default if and to the extent that the delay in performance or other

failure to perform its obligations under the Contract is the result of an event of Force

Majeure.

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County

Section D: Special Conditions of Contract

1. Application

The following Special Conditions of Contract shall supplement the General Conditions of

Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the

General Conditions of Contract.

2. Definitions

The Purchaser is Anglican Development Services-Mt.Kenya. Bishop Chipman House,

2nd

floor, opp. Lord Baden Powell cemetery, and P.O. BOX 2376-10140 Nyeri, Kenya

and includes its legal representatives, successors or assigns.


The Performance Security shall be in the amount of 10% of the Contract Price.

4. Inspection of Sites and Access thereto

ADS-MK in no way guarantees completeness nor accuracy of the soil, materials,

subsurface and hydrological information made available to the Contract at the time of

tendering or at any other time during the period of the Contract, and the Contractor shall be

responsible for ascertaining for himself all information as aforesaid for the execution of

Works and his tender shall be deemed to have been priced accordingly.

The Contractor shall not enter any part of the Sites until he has requested and received

permission to do so from ADS-MK or ADS-MK‟s representative.

The Contractor shall not use any portion of the Site for any purpose not connected with

Works.

5 Damage of Persons And Property

The Contractors shall (except if and do far as the specification provides otherwise)

indemnify and keep indemnified ADS-MK against losses and claims for injuries or

damages of any person or any property whatsoever (other than surface or other damage to

land being or crop being n the Site suffered by tenants or occupiers) which may arise out

of or on consequence of the construction and maintenance of the works against all claims,

demands, proceedings, damages, costs, charges and expenses whatsoever in respect of or

in relation thereto. Provided always that nothing herein contained shall be deemed to

render against any contained compensation or damages for or with respect to: -

a) The Permanent use or occupation of land by the Works or any part thereof or (save as

hereinafter provided) surface or other damage as aforesaid.

26


b) The right of ADS-MK to construct the Works or any part thereof on, over, under, in

or through any land.

c) Interference whether temporary or permanent with any right or light air way or

water or other easement or quasi-easement which is the unavoidable result of the

Works in accordance with the Contract.

d) Injuries or damages to persons or property resulting from any act or neglect done or

committed during the currency of the Contract of ADS-MK, his agents, servants or

other contractors (not being employed by the Contractor) or for in respect of any

claims, demands, proceedings, damages, costs, charges and expenses in respect

thereof in relation thereto.

6 Contractor’s Superintendence

The Contractor shall, within seven (7) days of receipt of the ADS-MK‟s representative

order to commence the Works, inform ADS-MK in writing, the name of the Contractor‟s

representative and the anticipated date of his arrival on Site.

7 Liquidation Damages for Delay in Completion

7.1 If the Contractor hitherto does not complete the works within the completion time

prescribed by the Contractor or extended time, then the Contractor shall pay to ADS-MK

the sum to money as stated in Sub-clause 7.3, herewith as Liquidated Damages for such

default for everyday or part thereof while shall elapse between the time prescribed by

the Contract or extended time as the case may be and the date of completion.

7.2 ADS-MK may without prejudice to any other method or recovery deduct the amount of

such damages from any monies due or which may become due to the Contractor. The

payment or deductions to such damages shall not relieve the Contractor from his

obligations or liabilities under the Contract.

7.3 The amount of liquidated damages to be paid by the Contractor to ADS-MK for each day

or part thereof of delay in the completion of the works as referred to in clause 7.1 hereof,

shall be 0.00 1% of the contract price. The total amount of liquidation damages payable

under this clause shall not exceed 10% (ten per cent) of the Contract price.

8 Accident or Injury to Workmen

8.1 ADS-MK shall not be liable for or in respect of any damages or compensation payable at

the law in respect or in consequence of any accident or injury to any workman or other

person in the employment of the Contractor and any sub-contractor save and except an

accident or injury resulting from any act or default of ADS-MK, his agents or servants

and the Contractor shall indemnify and keep indemnified ADS-MK against all such

damages and compensation (save and except as aforesaid) and against all claims,

27


County

demands, proceedings, costs, charges, and expenses whatsoever in respect thereof or in

relation thereto.

8.2 The Contractor shall insure against liability with an insurer approved by ADS -MK

(which approval shall not be unreasonably withheld) and shall continue such insurance

during the whole time that any person are employed by him on the works and shall

when required produce to the ADS-MK‟s Representative such policy of insurance and

the receipt for payment of the current premium, provided always that in the respect of

any person employed by any sub-clause shall be satisfied if the sub-contractor shall

have insurance against the liability in respect of such persons in such a manner that

ADS-MK is indemnified under the policy of insurance and the receipt for payment of

the current premiums.

9 Payment of Retention Money

One half of the retention money shall become due upon the issue of a Taking – Over

Certificate and shall be paid to the Contractor when the Engineer‟s Representative shall

certify in writing that the last section of the whole of the Works has been substantial

complete and the other half shall be paid to the Contractor after the expiration of the

Defect Liability Period and the issue of a Certificate to the effect. Provided always that is

such Works ordered during such period in accordance with the Contractor, the

Employer shall be entitled to withhold payment (until the completion of such Works) so

remaining to be executed. Provided further that in the event of different Defects

Liability Period having become applicable to different parts of the Works the expression

“expiration of the Defect Liability Period” shall for the purpose of the Clause be

deemed to mean the expiration of the latest of such period.

10 Co-operation With Other Contractors

The Contractor shall in accordance with the requirements of the ADS-MK Representative

afford all reasonable co-operation to any Contractors and their employees engaged by

ADS-MK and to the employees of ADS-MK and of any other duly constituted authorities

who may be employed in the execution on or near the site of any work not included in the

Contract or of any contract which ADS-MK may enter into in connection with or

ancillary to the works. If however, the Contractor shall on the written request of the

ADS-MK‟s Representative make available to any such other Contractor or to ADS-MK or

any such authority any roads or ways for the maintenance of which the Contractor is

responsible or permit the use by any such of the Contractor‟s scaffolding or other

Contractor‟s Equipment on the site or provided any other services of whatsoever nature

for any such, ADS-MK shall pay to the Contractor in respect of such use or services

such sum or sums as shall , in the opinion of the ADS-MK Representative, be

reasonable provided that the Contractor shall incur additional expenses as a result of

such use.

28


11 Interference With Traffic and Adjoining Properties

All operations necessary for the execution of the works and for the construction of any

temporary works shall so far as compliance with the requirements of the Contract

permits be carried out so as not to interfere unnecessarily or improperly with the

convenience of the public or the access to use and occupation of the public or private

roads and footpaths or to or of properties whether in the possession of ADS-MK or of any

other person and the Contractor shall save harmless and indemnify ADS -MK in respect

of all the claims, demands, proceedings, damages, costs, charges and expenses

whatsoever arising out of or in relation to any such matters insofar as the Contractor is

responsible thereof.

12 Accommodation and any Information on Contractor’s Employees

a) The contractor shall ensure that any accommodation he provides for these

employees is used only by such of his personnel as are engaged for the

Contractor and for the period of the Contractor only. The Contractor shall be

responsible for ensuring that permanent rights and occupancy are not acquired by

temporary housed personnel on ADS-MK land or any other land and also for

cleaning the camp sites on completion of the works and indemnify ADS -MK

against claims for compensation arising from lack of such clearances.

b) The Contractor shall provide at the request of the ADS-MK Representative such

reasonable information about his employees as may be necessary including (inter

alia) names, identification numbers, residence permit number and work permit

numbers.

13 Publicity

The Contractor shall treat all matters in connection with the contract as strictly

confidential and shall not publish or cause to be publishes any information concerning

the Project without the prior approval of ADS-MK.

14 Bribery and Corruption

It is hereby agreed by the Contractor that the giving or offering of any bonus or

commission whether in the form of money, goods or services by the Contractor or his

employees to officers or employees of ADS-MK or to firms or persons working on his

behalf shall be deemed a breach of the Contract and ADS-MK shall have the right to

terminate the contract for cause in connection with the provision hereof.

15 Safety and Environment Requirements

The Contractor shall at all times execute the works in a safe and secure manner and

actively practice safety through the term of the Contract and shall comply with the

applicable Government fire and safety regulations.

29


The formulation and enforcement of an adequate safety program shall be the obligation of

the Contractor with respect to all the Works under this Contract, regardless of whether

performance by the Contractor or his subcontractors. The Contractor shall, within 14

days after commencement of the works, meet the ADS-MK Representative to present

and discuss his plan for the establishment of such safety measures as may be necessary

to provide against accidents, unsafe acts and so forth. Within 28 days after

commencement of the works, the Contractor shall submit a written safety program to the

ADS-MK covering the overall Works and based on the laws and regulations of Kenya.

In addition, he shall prepare special safety programs for working within electricity

generating and geothermal exploration facilities.

Notwithstanding the foregoing, the Contractor shall observe the following measures

with a view to reducing or eliminating adverse environmental effects by the Site Works.

i) All queries and borrow pits shall be filled and landscaped to their original

state after extraction of construction materials

ii) Soil erosion due to surface runoff or water from culverts or other drainage

structures should be avoided by putting in place proper erosion control

measures that shall include, but not limited to grassing, planting of trees,

gabions etc.

iii) Long traffic diversion roads shall be avoided so as to minimize the effect of

dust on the surrounding environment. In any case all diversions shall be kept

damp and dust free at the Contractor‟s expense.

iv) Dumping shall be done only at designated dumping areas and not

haphazardly on surroundings.

16 Performance and Guarantee Insurance

The Contractor shall avail the performance guarantee and insurance covers as required

in the Contract. No separate payment shall be made for complying with this requirement

and the Contractor should allow for this in his rates.

The Performance Security shall be issued by a Bank incorporated in Kenya. The amount

of guarantee shall be as stated in the Appendix to Condition of Contract.

The bank guarantee shall be issued by an established and reputable bank approved by

the ADS-MK and located in Kenya.

The performance guarantee shall be valid until a date 28 days after the date of issue of

the Taking-Over Certificate. The security shall be returned to the Contractor within 28

days of expiration.

30


17 Law Governing the Contract

This Contract shall be governed by and construed in accordance with the Laws of

Kenya.

18 Force Majeure

Neither party shall be considered in default in performance of his obligations under the

Contract to the extent that performance of such obligations is delayed by force majeure.

Force majeure shall mean any event reasonably beyond the control of the parties hereto

including, but not limit to, hostilities, restraint of rules or people, revolution, civil

commotion, forces of nature, explosion, embargo, or any law, proclamation, regulations

or ordinance or any Government or Government agency having or claiming to have

jurisdiction at the site of the work.

19 Responsibility for Sub-Contractors

The Contractor shall be responsible for observance by all sub-contractors of all the

provision of Contract. The Contractor shall be responsible for the acts of default of any

sub-contract, his agents or employees, as fully as if they were the acts or defaults of the

Contractor, his agents or employers.

20 Indemnity Against all Claims of Infringement

The Contractor shall indemnify ADS-MK against all claims of infringement of the patent,

registered design, copyright, trademark or trade name, or other intellectual property

right out of the Contractor‟s execution of the works.

21 Failure to Comply With Contract Requirements

a) If the contact: -

i) Fails to comply with a 14 day notice asking it to execute the works in

accordance with the Contract, or

ii) Abandon or repudiates the Contracts or,

iii) Without reasonable excuse fails to commence or complete the works in

accordance with the Contract, or

iv) Becomes bankrupt or insolvent, goes into liquidation, has a receiving or

administration order and against it or compounds with its creditors.

Then ADS-MK may, after having given 14 days notice to the Contractor, terminate the

Contract and expel the Contractor‟s personnel from the site. After such termination

ADS-MK shall not be liable to make any further payment to the Contractor. ADS- MK

shall be entitled to recover from the Contractor the extra costs of completing the works without

prejudice to any other right of ADS-MK.

31


.

b) If ADS-MK;

i) Fails to pay the Contactor in accordance with the terms of the Contract,

or

ii) Becomes bankrupt or insolvent, goes into liquidation, has a receiving or

administration order made against it or compound with its creditors.

Then the Contractor may, after having given 42 days notice to ADS-MK terminate the

Contract. After such termination the Contractor shall be entitled to recover from ADS-

MK the unpaid balance for all services performed and completed by the Contractor in

accordance with the Contract and payment for all additional labor performed by the

Contractor and its subcontractors which has not been paid for otherwise in accordance with the

Contract without prejudice to any other right of the Contractor.

22 Resolution of Disputes

ADS-MK and Contractor shall make every effort to resolve amicably by direct informal

negotiations, any disagreement or dispute arising between them under or in connection

with the Contract. If, after 30 days from the commencement of such informal

negotiations, ADS-MK and the Contractor have been unable to resolve such dispute

arising in connection with the Contract by an amicable settlement, either party may

require that the dispute be referred for resolution by arbitration through a single

arbitrator to be appointed in default of agreement by the Chairman of the Chartered

Institute of Arbitrators, Kenya Branch.

Arbitration shall take place in Nairobi, Kenya. The language of all arbitration

proceedings shall be in English. The cost of arbitration shall be apportioned by the

Arbitrator according to his findings. Neither party shall have recourse to a court of law or

other authority for the purpose of appealing against the decision of the Arbitrator, which

will be binding to both ADS-MK and the Contractor.

23. Notices:

For the Purchaser:

Regional Development Co-ordinator,

Anglican Development Services-Mt. Kenya

Bishop Chipman house, Opp. Baden Powell Cemetery,

P.O Box 2376 10140 Nyeri

Tel: +254 61 2034813

24. Prices

Prices shall be fixed during the Tenderer‟s performance of the Contract and not subject to

variation on any account.

32


25 Completion Period

Subject to Clause 22, Section C, the drilling of the borehole shall be completed within 4

weeks after the date of contract award. The date the contract is signed shall be the

commencement date for drilling of borehole in Nkarusa.

33


SECTION E: Technical Specifications, Schedule of Requirements and Prices

Notes

1. The goods to be supplied must be 100% genuine parts.

2. Installation must be for all items. Partial installation shall not be accepted.

3. The Steel Casings shall be for borehole

TECHNICAL REQUIREMENTS

(a) The Steel Casings shall be genuine, new and unused.

(b) The Steel Casings shall be seamless.

(c) The Steel Casings shall be manufactured from an open-hearth electric

furnace or basic oxygen steel.

(d) Each piece of Steel Casings shall be supplied with power tight but tress

thread coupling on one end.

(e) Approved steel thread protectors shall be provided for both ends for each

piece of casing.

(f) The Steel Casings shall be mill coated with a non-bituminous coating to

prevent rusting during transit and storage.

(g) Mill test certificate from the manufacturer to be provided.

(h) Attach relevant catalogues and descriptive literature.

34


County

SECTION F – Appendix to Condit ions of Contract

THE EMPLOYER IS

Name: Anglican Development Services-Mt. Kenya

Address P.O. B OX 2376-10140 Nyeri

Name of Employer‟s Representative: Loise W. Chege

Title: Project Manager (HELI Project)

Telephone: +254 61 2034813

The name (and identification number) of the Contract is: HELI 101: TENDER FOR

DRILLING AND CONSTRUCTION OF ONE BOREHOLEAT NKARUSA, KAJIADO

WEST SUB- COUNTY

The Works consist of:

Mobilization of drilling equipment to site, drilling and casing of borehole.

Re-development of borehole to include measurement of total depth, borehole

cleaning, chemical development and physical development.

Testing of borehole to include a pre-test, a step drawdown test, constant

discharge test and recovery test.

Borehole equipping that shall entail installation and testing as per

specifications and Ministry of Water requirements.

Construction of drains and channels internal dimensions to be approved by

ADS-MK.

Construction of a water tower with a plastic storage tank of 24000L capacity.

Testing and commissioning of the system as per the specifications.

Construction of a permanent structure to host master meters and c ontrol

panel.

Facilitating the connection of a 3-phase power line by Kenya Power.

Submission of a Borehole Completion Record Certificate that should include

Geological logging data and other records as per the BOQ

The start date shall be: as prescribed

The following documents also form part of the Contract:

Agreement, Letter of Acceptance, Contractor’s Tender, Conditions of Contract and

Special Conditions, Specifications, Drawings and Bills of Quantities

The Site is located at Nkarusa Village, Oloirien Location, Kajiado West Sub- County, near

Kiserian town.

35


The Defects Liability Period is 180 days.

Amount of Tender Security is in the amount of 2% of the total tender price.

The amount of Interim Payment Certificate is Kshs Five Hundred Thousand (Kshs 500,000.00.

Please note that the Interim/advance payment is paid upon payment of an advance payment guarantee of

an equivalent amount.

The Retention Money is 10% percent of Interim Payment Certificate.

36


SECTION G – Specifications and Bills of Quantities

Specifications

1. Scope

2. Materials and Workmanship

II Bill of Quantities

ITEMDESCRIPTION UOM QTY UNIT COST AMOUNT

1 Hydrogeological survey report - Sum

2 Follow-up and acquisition of drilling permit from the Water Resources Management Authority - Sum

3 National Environmental Management Authority report - Sum

4 Mobilization / Demobilization of all Drilling Equipment, rig, as well as personnel to the site - 1

5 Erecting & Dismantling of Drilling Rig & Equipment - 1

6 Drilling 8" dia borehole using a rotary rig M 220

7 Supply & Installation of 152 mm dia, class B, steel plain casing M 155

8 Supply & Installation of 152mm dia, class B,steel machine cut screen casing M 65

9 Supply and Installation of non-laterite gravel pack in the borehole Ton 7

10 Borehole development by air jetting before testpumping until water is clean Hrs 3

11 Test Pumping for 24 hours, draw-down, yield recovery and data analysis Hrs 24

12 Borehole Completion Data and Water Chemical Analysis report - Sum

13 Supply and installation of a multistage stainless steel centrifugal submersible pump capable of

pumping water to the raised water reservoir at 5M3/hr, including control

panel, electrodes, electrode cable, underground cables float switch, standard control panel

and all other necessary borehole sundries

- Sum

14

Provide all materials and construct concrete top slab 1 x 1 x 0.5M with well cap mild steel

blank flange, which shall incorporate a threaded nipple of 19 mm (3/4”) diameter with cap - Sum

15 Supply of water for drilling operations and camp use. LS sum

16

Design, provide all materials and construct a standard lockable masonry borehole protection

chamber/Control panel room - sum

17 Well disinfection sum

18

Design to BS449, provide all materials, fabricate and assemble a 10M high steel tower

capable of supporting a 24000L PVC water tank - sum

19

Supply and installation a 24000L capacity PVC tank,complete with 2" PVC pipes(Approx

20M) and fittings to complete the assembly to the ground level - sum

20

Fencing off the borehole site(1/8 Acre) with high quality treated wooden poles and 12 gauge

mesh wire and a 5 by 6 feet faricated lockable gate Sum

21

Making arrangements with Kenya Power for a 3-phase power connection to the pump with

the adjacent power line Sum

Total Amount(Inclusive of 16% VAT tax)

DRILLING A BOREHOLE 220 METERS DEEP AT NKARUSA,OLOIRIEN(APPROX 14KM FROM KISERIAN)

37


SPECIFICATIONS

1.0 Scope of Works

The works will comprise drilling, construction, and test pumping of ONE BOREHOLEat

Nkarusa Village, Oloirien Location, Kajiado West Sub- County, 14 KM from Kiserian

town.

1.1 Location of the Drilling sites and Installation of Pumping Equipment

Equipment will be supplied and installed at the selected site. The ADS -MK

Representative shall visit with the Contractor or his Representative the exact sites for

drilling borehole and carrying out pumping tests. ADS-MK shall provide the Contractor

with any data, information and facilities that are within his responsibility, required for

the drilling and construction of the borehole. It will remain the Contractor‟s

responsibility to inspect the sites and assess the accessibility. The delivered materials

must be suitable to function properly in tropical hot and dusty conditions.

1.2 Stand-by Time

Charges for stand-by time shall only be reimbursed to the Contractor in case of default on

the part of ADS-MK or his Representative, and with prior written notification by the

Contractor to the same.

1.3 Spare parts

Spare parts of the equipment to be supplied and installed shall as much as possible be

available in Kenya. The Contractor shall furnish the ADS-MK Representative and the

ADS-MK of the addresses of the Suppliers of such spare parts.

1.4 Use of Concrete and Cement

All concrete and cement to be used shall be according to standard specifications or as

directed by the ADS-MK representative.

1.5 Pipelines

All pipelines and fittings to be installed will be of galvanized iron and will be supplied

and installed according to the specifications indicated below: -

Underground pipeline and fittings shall be of Class B GI mate rial at a diameter of not

less than 2”

Pipes shall be buried at a depth of not less than 0.6 meters.

38


1.6 Supply and Installation of pumping equipment

This part will be carried out by the Contractor.

1.7 Borehole design

The borehole design (Appendix B) has been provided by ADS-MK and any

modifications to the design by the Contractor shall be made in writing and approved by

ADS-MK prior to commencement of works. The borehole will be drilled with a 12 inch

bit and cased with 152mm dia steel casing in the dry rock formation and 8 inch slotted

liner (steel screen) in the water bearing formation. All this shall be done by the

Contractor to the approval of the ADS-MK. The Contactor shall install a bottom plug and

a gravel pack between the casing and the borehole wall.

1.8 General Site Works

The Construction of drains and water channels shall be as approved by ADS -MK. The

proper functioning of the whole systems will be tested by the Contractor or his

Representative in the presence of the Engineer.

2.0 Pipe work & Excavation

2.1 Setting out-Pipeline

Before commencement of any excavation, the route shall be surveyed in conjunction

with the ADS-MK‟s representative to establish existing ground levels and these agreed

levels shall form the basis for the calculation of quantities of any subsequent

excavation and backfilling. These levels shall be taken before any topsoil has been

removed. The contractor shall in the presence of the ADS-MK Representative set out

pipeline centre line in accordance with the drawings making any changes the ADS -MK

representative may deem necessary and confirming the exact position of other surfaces

e.g. Power cables, Communication cables etc.

2.2 Classification of Excavation

The ADS-MK Representative’s decision on the classification of any excavated material

shall be final and shall be based on the following guidelines: -

1. Class I – Soft material

Soft material shall include all materials which in the opinion of the ADS -MK

representative, does not require blasting or metal wedges and sledge hammers of

compressed air drilling or ripping or rooting. It shall include gravel stones and

39


boulders less than 0.2 cubic meters in volume, which can be removed without re-course to

these methods.

2. Class II – Compacted Gravel or Decomposed Rock

Compacted Gravel or decomposed rock shall include all material such as consolidated

murram and decomposed or stratified rock, weathered tuff, stone, or boulder less than 0.2

cubic meters in volume which are harder than soft or normal material in that they may be

extracted by ripping as defined in Clause III, or in confined spaces by hand excavation by

using compressor tolls providing all reasonable steps to the satisfaction of the ADS-MK

Representative have been taken to facilitate the removal of the material by other methods

3. Class III – Rock

Rock shall include all material which in the opinion of the ADS-MK Representative

requires blazing or the use of materials wedge harmers or the use of compressed air drilling

for its removal or cannot be extracted by ripping with a tractor of at least 180 hp and rear

noted heavy duty ripper. Individual boulders greater than 0.2 cubic meters in volume shall

be included in this class. It should be noted that blasting shall not be allowed.

4. Sterilizing Water Retaining Structures

The inside of all interior pipe-work and fitting shall be thoroughly cleaned and washed

after water – tightness test has been approved by the ADS-MK Representative to

remove all contamination and the water from these operations shall be removed by

squeegees and drained away.

5. Accommodation

The Contractor shall provide accommodation for his workers. This may include

providing a workers camp on site.

6. Precautions against Contamination of the Works

The contractor shall at all times take every precaution against contamination of Works.

He shall give strict Instructions to all persons employed by him to use sanitary

accommodation provided. Clause 13 of the Conditions of Contract will be rigidly

enforced.

40


7. Supply of Water

The Contractor shall make his own arrangements for obtaining, storing,

transporting and pumping of water required for drilling purposes and for use by

the drilling crew at the site.

8. Supply of Electricity

The Contractor shall make his own arrangements for obtaining power for us for

use for the works on site.

9. First Aid Outfits

During the period of erection on Site, the Contractor shall at each place where

work is in progress provide an adequate First Aid Outfit, which shall be easily

accessible at all times, and shall replenish and maintain as use demands, at his

own cost. The provision of these kits shall be considered part of the contractor‟s

obligations and allowed for the rate and price in the schedule of prices.

The first aid kits shall be available for use by the ADS-MK staff as well as the

contractor‟s staff on site.

10. Lighting and Security

Lighting and Security shall be the responsibility of the Contractor

11. Contractor’s Equipment

The contractor shall provide, maintain and remove on completion of works all

temporary installations, equipment and devices necessary for the completion of

the works.

12. Survey Beacons

During the progress of works, the Contractor shall not remove, damage alt er or

destroy in any way whatsoever, any plot or survey beacons. The Contractor shall

notify the ADS-MK Representative of the need to interfere with any beacon.

The ADS-MK Representative shall approve any removal and reinstatement that

he considers necessary. Should any beacon be found to be above or below the

level of the finished work, the Contractor shall immediately report the same to

the ADS-MK representative. Should any beacon be damaged or destroyed by the

Contractor he shall forthwith report the damage to the ADS-MK and the relevant

authorities and shall be held liable for cost of reinstatement thereof.

13. Damage to Lands

Minimum damage shall be done to the land and the reinstatement should be made

to the approval of ADS-MK.

41


14. Reinstatement of Roads and Footways

The opening up of roads and footways and reinstatement of the same shall in all

respects be carried out to the approval of ADS-MK.

15. Existing Services and Installations

The Contractor shall take every precaution to ensure that all existing services,

pipes cables, boundary fence, drainage e.t.c within and near the line of

excavation, are located, supported and safeguarded from damage. Any damage

caused to any such facilities attributable to the contractor‟s operations, his

constructional traffic or his negligence shall be made good by the Contractor at

his own expense to the satisfaction of ADS-MK or the responsible authority.

16. Sign Board

The contractor shall provide, sign-write, erect and maintain until the expiry of

the defects liability period sigh boards of sound timber construction and hollow

section steel upright to the dimensions, sign-written and painted in durable

colours, as directed by ADS-MK. Such signboards shall be removed upon expiry

of the defects liability period, and such removals shall be a prerequisite for the

issuance of the defects liability certificate.

The signboards shall each contain no more than 10 m2 of inscribed painted

timber surfaces and have a total height above ground level of not more than 3.8

m. The steel uprights shall be imbedded in class 20 concrete of sufficient

volume to give the whole assembly adequate stability.

17. Provision of facility For Inspection

The Contractor shall provide the necessary tackle, access, equipment, devices,

consumable and labour to enable ADS-MK conveniently to carry out such

inspections as they deem necessary at all times during the period of the

Contract.

42


SECTION H: Borehole Technical Specifications

18. Borehole Location

The Contractor shall drill the borehole at the exact location designated by the

ADS-MK. Access to the site shall be the responsibility of ADS-MK. Tracks

required for access of drilling plant, gear, and accessories to the borehole shall

be made by the Contractor and should as little as necessary interfere with

existing fences and farms including those owned by others without their express

permission. Arrangement for access to the site through private land other than

shall be done by the Contractor at his own expense.

19. Environment Protection of the Site

Care must be taken in the handling and storage of drilling fluids, oils greases

and fuel on site, to avoid any environmental degradation. The contractor shall

dispose of any toxic materials, drilling materials and other additives, cuttings and

discharged water in a manner approved by ADS-MK so as not to create damage

to ADS-MK property or any other property in the surrounding area.

The Contractor shall minimize disturbances to the existing facilitie s. This shall

particularly include ensuring that bailed fines and pumped test water are

discharged in a manner that does not create a nuisance either to public, private

or ADS-MK property.

Site reinstatement under the condition of contract shall include the removal of

all hydrocarbons spilled, leaked or otherwise released and associated packaging

and cotton waste. Site reinstatement is deemed as an integral part of

demobilization.

20. Mobilization, demobilization and site restitution

All machinery, equipment and materials to carry out the drilling, test pumping,

headwork‟s construction, etc as specified in BOQ, are to be mobilized to the

site. The drilling rig should be capable of attaining a minimum depth of 200m at

12-inch diameter, by means of direct rotary or air-hammer technique.

Testing pumping equipment should be independent from the drilling rig. At the

start of the Contract, ADS-MK will verify the specifications and state of repair of

all the major items of plant. ADS-MK shall have the right to order the removal

and/replacement of any plant, which in its opinion is insufficient or

unsatisfactory.

21. Borehole Depths and Diameter

The envisaged borehole depth is approximated to range from 150 - 220 m depth,

while the drilling diameter shall be such that it is able to accept a casing of not

less than 8 inch diameter with 2inch gravel pack around the casing. The

contractor shall however drill to the total depth and at such diameter as will be

instructed by ADS-MK.

The borehole will not be acceptable if drilling of such depth and diameter other

than instructed ADS-MK

43


22. Drilling Method

The Contractor is obliged to make exclusive use of the rotary drilling or air

hammer technique. Percussion drilling shall not be accepted. The Contractor

shall submit a detailed account of his proposed drilling method, additives etc.

for approval by ADS-MK.

23. Sampling

Representative, continuous samples (min 200 grams) of the strata penetrated

shall be collected for each 2 m intervals and by whatever method is standard for

the drilling techniques in use and approved by ADS-MK. The contractor shall

take every possible precaution to guard against sample contamination. Samples

are not to be washed. The samples shall be put into suitable sample bags,

labeled with the depth interval, and stored in a portion where they will not be

contaminated by site conditions or drilling operations. Geological logging will

be the responsibility of ADS-MK.

24. Temporary casing

Installation and diameter of any temporary casing required for the installation of

the borehole will be left to the Contractor so long as the finished product meets

the specifications. Cost for supply, installations and removal of temporary

casing shall be borne entirely by the Contractor. The Contractor cannot claim for

any casing left in the borehole, which is not retrievable.

25. Borehole Construction

The construction of the borehole shall be made by the Contractor in consultation

with ADS-MK after drilling is completed.

26. Casing and Screens

Aquifer zones shall be completed or partly lined with 8 inch class B mild steel

casings and torch-cut (gas slotted) mild steel screens as decided and approved by

ADS-MK. The screen open area shall not be less than 2% and shall have a

uniform slot size of 1 to 1.5 mm. The casing and screens must be centralized in

the borehole so that a minimum 1” (25mm) annular space exists between the

borehole wall and the casing.

27. Verticality

If required by ADS-MK, the Contractor will conduct a verticality test during

and after drilling by approved methods to demonstrate that the departure from

the vertical does not exceed 3 in 100 between ground level and the base of the

borehole.

44


If this departure is exceeded, the Contractor shall make the necessary

corrections to the approval of ADS-MK, without additional payment. If the error

cannot be corrected, then drilling shall cease and a new borehole be drilled at a

position nearby, indicated by ADS-MK. The abandoned borehole shall be

backfilled and/or capped by methods approved by ADS-MK. No payment will

be made for the drilling and the sealing of abandoned borehole, or for moving to

the new site.

28. Gravel pack and Clay Seal

Suitable gravel pack shall be supplied by the Contractor. Prior to delivery,

samples of the gravel pack shall be analysed for grain size and approved by the

ADS-MK. Gravel should consist of washed, well-rounded particles of a uniform

grading. The gravel shall contain not less than ninety (90) % siliceous material

and contain no clay, shales, silt, fines and excessive amount of calcareous

materials or crushed rock. In terms of grain size, ninety (90) % shall conform to

the grading specified and the Contractor shall be required to submit samples of

the material prior to installation for approval by ADS-MK. Sufficient gravel pack

shall be installed to cover completely the uppermost screen, plus an additional

length of not less than 15m (to allow for setting).

The gravel pack should be capped with a bentonite clay seal (minimum thickness

three (3) meters) to prevent contamination. The annual space above this seal can

be back-filled with inert drilling cuttings. The top three (3) meters should be

grouted with cement.

29. Sanitary Seal

To provide an effective seal to the entry of contaminants, the upper meters of

the borehole will be grouted using cement slurry 1.85-2.15 kg/litre. Grout is to

be injected into the annulus between the casing and the walls of the hole, by a

method to be approved by ADS-MK.

30. Yield Estimates during Drilling

When rotary drilling method is used, a ninety (90) degree V-notch flow

measurement device or a drain pipe shall be permanently set up in an approved

manner ad level in the drain line so that continuous monitoring of air lift yield

can be obtained. Average yields shall be read and rated every three (3) meters of

penetration and as otherwise directed by ADS-MK, and recorded in the driller‟s

log. Care should be taken to ensure that no floating debris impede the flow of

water over the V-notch or through the drainpipe. Should air Hammer technique

be used, the contractor shall provide details of how he intends to carry out the

yield estimates to the satisfaction of ADS-MK.

31. Development and Cleaning of Borehole

Development and cleaning of the borehole shall be carried out by the Contractor

upon completion of the drilling and installation of casing.

45


This will remove the native silts, clays and drilling fluid residues deposited on the

borehole wall and adjacent portions of the aquifer during the drilling process.

If organic drilling fluids are used, they shall be broken down chemically

according to manufacturer‟s recommendation before or during development of

the borehole. Cleaning shall be carried out by airlift pumping, surging,

backwashing or jetting. Clay desegregation by means of Sodium

Hexametaphosphate („Calgon‟) treatment might be necessary.

The method proposed by the Contractor for development of borehole shall be

submitted to ADS-MK in writing for approval. Development of the borehole

shall be effective from the depth at which water is encountered to the bottom of

the borehole. Development shall continue until water is completely free from fine

particles, as to be decided by ADS-MK. Upon completion of development, any

accumulation of materials shall be removed from the bottom of the borehole by

airlifting.

32. Test Pumping

The Contractor shall perform test pumping to establish well performance and

yield of the borehole. Standard test pumping will consist of a 4-hour step-

drawdown test, followed by a constant discharge test for a period of 24 hours,

which might be extended at the discretion of ADS-MK if the water level has not

stabilized after the 24 hours. The Contractor shall provide a suitable means of

achieving the rate of flows specified.

Before testing, the borehole will be subject to a short term test (calibration) to

establish the approximate yield/drawdown properties and to decide upon pumping

rates for step-drawdown or continuous yield tests. Sufficient time shall be

allowed for the recovery of water level in the borehole between each type of test.

This shall be at the discretion of ADS-MK.

Discharge measurements shall be made by using a flow meter or an otherwise

approved calibrated measuring device. During the test pumping, the discharge

water must be handled and disposed off in an appropriate manner to a point of

overland drainage sufficiently far from the well to prevent recharge. The wat er

shall be diverted over a distance of at least 1 00m from the wellhead.

During all testing operations, once the flow rate has been determined and

preliminary adjustments made, the measured discharge rate shall be maintained

within five (5) % of the required rate for the duration of the test. Persistent

fluctuations beyond this tolerance will require abortion of the test, for which

payment shall not be made.

Any test which is aborted due to the reasons above shall be repeated after

recovery of the water level. No payment shall be made for aborted tests or for

standby time during water level recovery after aborted tests.

46


33. Step Drawdown Test

At the discretion of ADS-MK, depending on hydro-geological conditions

encountered, the Contractor will conduct a step drawdown test of not less than

four (4) hour duration. The step drawdown test shall comprise pumping the well

at least four (4) separate discharge rates specified by ADS-MK, each step

lasting for at least one (1) hour.

The change from one pumping rate to the next shall be effected without stopping

the pump by means of a gate valve in the discharge pipe, or by any other means

to be approved by ADS-MK. The change from one step to the next shall take

place in the shortest time possible. During the last step pumping phase, water

discharge measurements shall be taken at appropriate time intervals as

instructed by ADS-MK, while at the same time Electrical Conductivity (EC)

readings are to be taken.

34. Constant Discharge Test

At the discretion of ADS-MK, a constant discharge test for a maximum duration

of 24 hours pumping and 24 hours recovery may be implemented. The discharge

rate at which the well is to be pumped shall be specified prior to the test. During

the test, water levels and discharge measurements shall be made at the same

times intervals as for the step drawdown test. Pumping test data shall be

supplied to ADS-MK from all pumping tests conducted at the borehole. These

will show dates, water levels, discharge rates, electrical conductivity values, time

of starting and stopping the pump, change of discharge, weather, and other

conditions that could affect the test data.

35. Water Level Observations

The Contractor shall supply appropriate water level gauges for measuring water

levels in the borehole to the nearest 10 mm at predetermined intervals. The

minimum length of the dipper shall be 220 meters. Wellhead arrangements shall

permit these gauges to be inserted and passed freely. Hereto the Contractor shall

be required to install a dipping tube, minimum ¾ “ inner diameter, lowered to

approximately 1 meter above the pump. Other meads of measuring water levels

are subject to approval by ADS-MK.

36. Electrical Conductivity (EC) Measurements

The Contractor shall have an operational EC-meter on site to take electrical

conductivity readings whenever required during drilling, development and test

pumping.

37. Records

Daily activity records shall be kept by the Contractor for the borehole. The

records shall contain the information as specified below

47


Daily Records

Dates of reporting

Names of foreman and drillers

Method of drilling

Diameter of hole, and depth of changes in diameter

Depth of hole at start and end of shift or working day

Depth and size of casing at start and end of shift or working day

Description of rocks drilled with depths of transitions encountered

Depth at which water is struck (WSL)

Depth at which the water rests (WRL)

Yield of air lifted water, when drilling or developing with air

Time log showing rate of penetration in meters per minute, type of bit, standby

time due to breakdown.

Depth intervals at which each formation samples are taken

Records of components and quantities used or added to the drilling fluid

or air

Water level at the start of each working day

Electrical conductivity measurements

Problems encountered during drilling

Details on installation in the borehole (if any)

Depth and description of well casing

Depth and description of well screens

Details of work to be invoiced at hourly rates (e.g. test pumping)

A copy of the daily drilling record shall be made available daily, including any

other pertinent data as may be requested by ADS-MK.

38. Borehole completion record

As per standard borehole completion form.

Detailed driller‟s log

Copy of standard chemical water quality test

Borehole design and installation details (as-built drawing)

A copy of the Borehole Completion Record Certificate shall be made available

and approved by ADS-MK on completion of the borehole. Three copies of these

Records shall be forwarded to the ADS-MK.

48


39. Water Sampling

Water samples for testing the chemical and bacteriological water quality will be

taken at the end of the test pumping. The Contractor shall keep on site a

minimum of twelve (12) suitable one-litre capacity water containers and shall

collect and store water samples as directed by ADS-MK.

40. Capping the Borehole

During borehole construction, installation, development and test pumping, the

Contractor shall use all reasonable measures to prevent entrance of foreign matter

into the borehole. The Contractor shall be responsible for any objectionable

materials that may fall into the borehole and any effect it may have on water

quality or quantity until completion of the works and acceptance by ADS-MK.

41. Acceptance of Borehole

The borehole shall only be accepted by ADS-MK upon satisfactory completion

of all drilling operations, installation of casing and screens, development works,

test pumping and wellhead construction. In the unlikely event of a dry hole, the

employer shall only pay for the works of drilling.

42. Loss of Equipment

Any equipment lost down a borehole must be removed or the borehole will be

considered a lost bore. A replacement borehole will have to be constructed and

test pumped at the Contractor‟s expense.

43. Lost Bore

Should any incident to the plant, behaviour of the ground, jamming of the tools,

or casing, or any other cause prevent the satisfactory completion of the works, a

borehole shall be deemed to be lost and no payment shall be made for that bore or

for attempting to overcome any materials not recovered there-from, nor for any

time spent during drilling or while in problems. If the bore is lost, the Contractor

shall permanently seal the bore at his cost.

In the event of a lost bore, the Contractor shall construct a borehole immediately

adjacent to the lost bore or at a site indicated by ADS-MK. The option of

declaring any bore lost shall rest with the Contractor, subject to the approval of

ADS-MK.

The abandoned hole shall be treated as follows:

(a) The Contractor may salvage as much casing and screen from the initial borehole

as possible and use it, in a new borehole if not damaged, with the approval of

ADS-MK Salvaged material shall remain the property of the Contractor.

(b) The borehole shall be sealed by concrete, cement grout, or neat cement and shall

be placed from the bottom upward by methods that will avoid segregation or

dilution of materials


(c) The upper 2 meters of borehole shall be backfilled with native top soil. Scaling

of the abandoned borehole shall be done in such a manner as to avoid accidents

and to prevent it from acting as a vertical conduit for transmitting contaminated

surface or subsurface water into the water bearing formations.

44. Construction of Well Head Cover and Apron

The Contractor shall on completion of the borehole cap the top with a mild steel

blank flange, which shall incorporate a threaded nipple of 19 mm (3/4”)

diameter with cap, welded to the flange, to enable dipping access to the

borehole. The blank flange shall be 400 mm above ground level and be bolted to

a mild steel flange welded to a minimum of 2 m length of mild steel casing

coated internally and externally with non-toxic or bitumen or epoxy coating to

the approval of ADS-MK. This casing shall fit neatly over the borehole casing

and be permanently grouted in at the time of completion of the borehole. Prior to,

during and after the construction of head-works, the Contractor must ensure that

no debris whatsoever falls into the borehole.

45. Well Disinfection

Disinfection of the borehole shall be carried out by the Contractor before

demobilization from the site. This shall be done by placing a chlorine solution

into the well so that a concentration of at least 50 mg/1itre of available chlorine

existing in all parts of the borehole at static conditions. All the borehole surfaces

above the static water level shall be completely flushed with the solution. The

solution shall remain in the borehole for a minimum period of 2 hours before

pumping the borehole to waste.

46. Cleaning and Clearing up of site

The Works shall be handed over in a neat, clean, and aesthetically acceptable

condition to the satisfaction of ADS-MK. All excess materials shall have been

removed from site or handed over to ADS-MK and stored away, as appropriate.

Packaging, trimmings, debris and the like shall have been disposed of; covers,

surfaces etc restored, wiring and cables bunched and put out of normal view

where appropriate and the Works generally handed over in a condition which

would be indicative of reasonable workmanship.

On completion of the borehole the site must be left clean and free from all

debris, hydrocarbons and waster, and all pits filled to the satisfactio n of ADS-

MK. A site not delivered clean may render the borehole unacceptable.

50


SECTION I: Bill of Quantities (BOQ)

Preamble to Bills of Quantities

(a) The objective of these Bills of Quantities is to provide sufficient information on the quantities of

Works to be performed to enable tenders to be prepared efficiently and accurately; and

(b) When a Contract has been entered into, to provide a priced Bill of Quantities for use in the

periodic valuation of Works executed.

(c) Tenderers should as much as possible ascertain the correctness of the measurements given by

visiting the site. All the rates or tender sum shall cover for all the costs necessary for the

functional execution and completion of the works.

(d) Tenderers should include in the rates all costs necessary for the execution of the works including

but not limited to Insurance, Security, and Statutory Obligations among others.

(e) Tenderers should familiarize themselves with the conditions relating to working in hazardous

areas, the Safety Permit system, and requirement for adherence to existing Safety Regulations of

ADS-MK.

(f) Payment shall be made periodically for works executed and re-measured. There shall be no

Advance Payments for this contract.

51


SECTION J: Standard Forms

List of Standard Forms

i. Form of Tender

ii. Letter of Acceptance

iii. Form of Agreement

iv. Performance Bank Guarantee

v. Tender Questionnaire

vi. Confidential Business Questionnaire

vii. Details of Sub-contractors

viii. Letter of Notification of Award

52


FORM OF TENDER

To: ________________________________________________ (Name of Employer): ____________

Date: _____________________ Name of Contractor: ____________________________________

Dear Sir,

1. In Accordance with the Conditions of Contract, Specifications, Drawings and Bills

of Quantities for the execution of the above named Works, we, the undersigned

offer to drill, construct and complete such Works and remedy any defects therein for

the sum of Kshs.(amount in figures/Kenya shillings) _____________________

2. We undertake, if our tender is accepted, to commence the Works as soon as is

reasonably possible after the receipt of the Employer‟s Representative‟s notice to

commence, and to complete the whole of the Works comprised in the Contract

within the time stated in the Appendix to Conditions of Contract.

3. We agree to abide by this tender until(insert date), and it shall remain binding upon

us and may be accepted at any time bore that date.

4. Unless and until a formal Agreement is prepared and executed this tender together

with your written acceptance whereof, shall constitute a binding Contract between

us.

5. We understand that you are not bound to accept the lowest or any tender you may

receive.

Dated this day of __________________ 2015

Signature _________________________ in the capacity of duly authorized to sign

tenders for and on behalf of tenderer.

(Name of Tenderer) ___________________________________________________

(Postal Address of Tenderer) _____________________________________________

Witness: Name ________________________________________________________

Postal Address ________________________________________________________

Signature ___________________________ Date ____________________________

53


LETTER OF ACCEPTANCE

(DATE) _________________________________

To: ___________________________________________ (Name of the Contractor)

Postal Address of the Contractor __________________________________________

Dear Sir,

This is to notify you that your Tender dated __________________________________________

for the execution of TENDER NUMBER ………………. FOR DRILLING AND

CONSTRUCTION OF ONE BOREHOLEAT NKARUSA, KAJIADO WEST SUB-

COUNTY for

the Contract price of Kshs.-------------------------------------------- (amount in figures/Kenya

shillings)----------------------------------------------------------- (amount in words) in accordance

with the Instruction of Tenderers is hereby accepted.

You are hereby instructed to proceed with the execution of the said Works in accordance

with the Contract documents.

Authorized signature ……………………………………………………………………………

Name and Title of Signatory …………………………………………………………………...

Attachment: Agreement

54


FORM OF AGREEMENT

This agreement, made the ______ day of ________________2015 between

ANGLICAN DEVELOPMENT SERVICES-MT.KENYA whose registered office is situated

at Bishop Chipman House, Nyeri (hereinafter called “the employer”) of the one part AND

(hereinafter called “the Contractor”) of the other part.

Whereas ADS-MK is desirous that the Contactor executes:

TENDER NUMBER …………….. FOR DRILLING AND CONSTRUCTION OF ONE

BOREHOLEAT NKARUSA, KAJIADO WEST SUB- COUNTY

(hereinafter called “the works”) located at Nkarusa Village, Oloirien Location, Kajiado West

Sub- County and the Employer has accepted the tender submitted by the Contractor for the

execution and completion of such Works and the remedying of any defects therein for the

Contract price of Kshs. (Amount in figures)__________________ , Kenya shillings ( amount in

words)

-----------------------------------------------------------------------------------------------

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, works and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and shall be read and construed as

part of this Agreement i.e.

(i) Letter of Acceptance

(ii) Form of Tender

(iii) Conditions of Contract

(iv) Appendix to Conditions of Contract

(v) Specifications

(vi) Drawings

(vii) Priced Bill of Quantities

55


3. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to

execute and complete the Works and remedy any defects therein in conformity in all

respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration the

execution and completion of the Works and remedying of defects therein, the

Contract Price or such other sum as may become payable under the provisions of the

Contract at the times and in manner prescribed by the Contract.

In witness whereof the parties thereto have caused this Agreement to be executed the day and

year first before written.

The common Seal of ________________________________________________________________

Was hereunto affixed in the presence of _______________________________________________

Signed Sealed, and Delivered by the said ______________________________________________

Binding Signature of Employer _______________________________________________________

Binding Signature of Contractor ______________________________________________________

In the presence of (i) Name_______________________________________________

Address_____________________________________________

Signature____________________________________________

(ii) Name _______________________________________________

Address_____________________________________________

Signature____________________________________________

56


FORM OF TENDER SECURITY

WHEREAS ………………………………………………. (hereinafter called “the Tenderer) has

submitted his tender dated …………….for the construction of…………………………………

……………………………………………………………………. (name of Contract)

KNOW ALL PEOPLE by these presents that WE ……………………having our registered office

at ………… (hereinafter called „the Bank”), are bound unto …………… ….. hereinafter called

“the Employer”) in the sum of Kshs ……….………….. for which [payment we; and truly to be

made to the presents sealed with the Common Seal of the said Bank this Day …….. of

………… 2015

THE CONDITIONS of this obligation are:

1. If after tender opening the tenderer withdraws his tender during the period of tender

validity specified in the specified in the instructions to tenderers.

2. If the tenderer, having been notified of the acceptance of his tender by the Employer

during the period of tender validity:

(a) fails or refuses to execute the form of agreement in accordance with the

Instructions to Tenderers, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance wit h the

Instructions to Tenderers;

We undertake to pay to the Employer up to the above amount upon receipt of his first written

demand, without the Employer having to substantiate his demand, provided that in his demand

the Employer will note that the amount claimed by him is due to him, owing to the occurrence of

one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to including thirty (30) days after the period of tender

validity, and any demand in respect thereof should reach the Bank not later than the said date.

[Date]……………………………………

[Witness]………………………………………………………….

[Signature of the Bank]…………………………………………………….

[Seal]

57


County

PERFORMANCE BANK GUARANTEE

To: ________________________________________________________ (Name of Employer)

(Date) _______________________________________

------------------------------- (Postal Address of Employer)

Dear Sir,

WHEREAS __________________ ____ (hereinafter called “the Contractor”) has undertaken, in

pursuance of Contract No.-------------------------dated------------to execute---------------------------

-------------------------------------------------------------------------------- (hereinafter called “the Works”);

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you,

onbehalf of the Contractor, up to a total Kshs--------------------------------amount of Guarantee

infigure) Kenya shillings------------------------------------------------------(amount of guarantee in

words), and we undertake to pay you, upon your first written demand and without your needing to

prove or to show grounds or reasons for your demand for the sum specified therein.We hereby

waive the necessity of your demanding the said debt from the Contractor before presenting us

with the demand.

We further agree that no change, addition or other modification of the terms of the Contract or of

the Works to be performed thereunder or of any of the Contract documents which may be made

between you and the Contractor shall in any way release us from any liability under this

Guarantee, and we hereby waive notice of any change, addition, or modification.

This guarantee shall be valid until the date of issue of the Certificate of Completion.

SIGNATURE AND SEAL OF THE GUARANTOR-----------------------------------------------------

Name of Bank---------------------------------------------------------------------------------

Postal Address-------------------------------------------- Date-----------------------------

58


TENDER QUESTIONNAIRE

Please fill in block letters

1. Full name of tenderer:

…………………………………………………………………………………...

2. Full address of tenderer to which tender correspondence is to be sent (unless an Agent

has been appointed below);

…………………………………………………………………………………………

3. Telephone number (s) of tenderer

………………………………………………………………………………………….

4. Telex of tenderer

………………………………………………………………………………………..

5. Name of tender‟s representative to be contacted on matters of the tender during the

tender period:

…………………………………………………………………………………………….

6. Details of tender‟s nominated agent (if any) to receive tender not ices. This is

essential if the tenderer does not have his registered address in Kenya (name, address,

telephone, and telex)]

………………………………………………………………………………………….……

…………………………………………………………………………………………………

Make copy and deliver to: ANGLICAN DEVELOPMENT SERVICES-MT.KENYA

59


CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or whichever

applies to your type of business.

You are advised that it is a serious offence to give false information on this Form.

Part 1 – General Business Name …………………………………………………………….

Location of business premises; Country/Town …………………………………………..

Plot No. …………………………………… Street/Road ………………………………….

Postal Address ……………………………. Tel, No. …………………………………….

Nature of Business …………………………………………………………………………..

Current Trade Licencee No. …………………….. Expiring date ………………………

Maximum value of business which you can handle at any time Ksh in figures

…………………. …………………………………………………………………..

Name of your bankers ……………………………………………………………………….

Branch …………………………………………………………………………………………

Part 2 (a) – Sole Proprietor

Your name in full ………………………………………………………. Age ………………. Nationality

…………………………………………… Country of Origin ……………………………………………

Citizenship details …………………………………………………………………………………………

Part 2 (b) – Partnership

Give details of partners as follows:

Name in Full Nationality Citizenship Details Shares

1) ……………………………………………………………………………………………

2) ……………………………………………………………………………………………

3) ……………………………………………………………………………………………

4) …………………………………………………………………………………………...

60


DETAILS OF SUB-CONTRACTORS

If the Tender wishes to sublet any portions of the Works under any heading, he must give

below details of the sub-contractors he intends to employ for each portion.

Failure to comply with this requirement may invalidate the tender.

1. Portion of Works to be sublet …………………………………………………….

i. Full name of Sub-contractor …………………………………………………….

And address of head office ………………………………………………… ...

ii. Sub-contractor‟s experience of similar works carried out in the last 3 years

with Contract value;

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

Portion of Works to sublet:

(i) Full name of sub-contractor ................................................................

And address of head office ................................................................

(ii) Sub-contractor‟s experience of similar works carried out in the last 3 years

with contract value;

……………………………………………………………………………………

……………………………………………………………………………………

…………………………………………………………………………………….

.

[Signature of Tenderer] [Date]

61

Drilling and Construction of water boreholes at Nkarusa, Oloirien, Kajiado West Sub County.

LETTER OF NOTIFICATION OF AWARD

ANGLICAN DEVELOPMENT SERVICES-MT. KENYA

TO: ________________________________

RE: _________________________________________________________________

Tender No: ___________________________________________________________

Tender Name: _________________________________________________________

This is to notify that the contract/s stated below under the above -mentioned tender

have been awarded to you. Please acknowledge receipt of this letter of notification

signifying your acceptance. The contract/contracts shall be signed by the parties

within 30 days of the date of this letter but not earlier than 14 days from the date of

the letter.

You may contact the officer(s) whose particulars appear below on the subject matter

of this letter of notification of award.

[PARTICULARS]

62

Drilling and Construction of water boreholes at Nkarusa, Oloirien, Kajiado West Sub

county.

Appendix A: Location of proposed area for drilling borehole

Drilling and Construction of water boreholes at Nkarusa, Oloirien, Kajiado West Sub county.

63

Appendix B DESIGN DRAWING